HomeMy WebLinkAbout2011-10-31 Boundary Development Agreement )11'1117 ( (
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Boundary Development Agreement j
This agreement (the "Agreement ") is entered into on the 31 st day of 0 t G , 20 . 1, by
and between Croix Oil Company, a Minnesota corporation, ( "Croix ") and JD Properties I, LLC,
a Minnesota limited liability company, ( "JD Properties ").
Whereas, JD Properties has purchased the parcel of property legally described in Exhibit A from
Croix (the "JD Properties Parcel "); and
Whereas, the JD Properties Parcel is adjacent to a parcel of property owned by Croix and legally
described in Exhibit B (the "Croix Parcel "); and
Whereas, in conjunction with the development of the JD Properties Parcel by JD Properties, the
City of Oak Park Heights, Minnesota, has requested that blacktop pavement be removed from the
western ten (10) feet of the Croix Parcel and replaced with grass; and
Whereas, in conjunction with the development of the JD Properties Parcel by JD Properties, the
City of Oak Park Heights, Minnesota, has requested that four light poles and fixtures be removed
from the Croix Parcel; and
Whereas, JD Properties has requested permission from Croix to remove the blacktop paving and
replace it with grass and to remove the light poles and fixtures; and
Whereas, Croix is willing to grant such permission to JD Properties provided JD Properties
makes arrangements to keep the new grass properly watered.
Now, therefore, in consideration of the foregoing and the mutual promises contained herein, the
parties hereto agree as follows:
1. JD Properties, or its agents or contractors, may, at JD Properties' expense, remove the
blacktop surface from the ten (10) most westem feet of the Croix Parcel. More
specifically, JD Properties shall perform such activities in compliance with the site
plan approved by the Planning Commission for Oak Park Heights on September 15,
2011.
2. Upon removal of the blacktop surface referred to in Section 1, JD Properties, or its
agents or contractors, shall, at JD Properties' expense, replace the removed blacktop
surface with sod and, if necessary, top soil.
3. Upon completion of the installation of the sod and top soil, if applicable, JD
Properties shall make arrangements to water, at JD Properties' expense, the ten (10)
foot grass strip referred to herein in a manner that will maintain the grass in good
condition. JD Properties shall continue to water such ten (10) foot until such time as
the Croix Parcel is redeveloped.
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4. If the ten (10) foot grass strip, or any portion thereof, shall die within the first two (2)
years following its installation, JD Properties shall, at JD Properties' expense, replace
such ten (10) foot grass strip or portion thereof.
5. JD Properties, or its agents or contractors, may, at JD Properties' expense, remove the
four light poles and fixtures located on the Croix Parcel. Such poles and fixtures shall
be removed completely and all the former locations of such poles shall be patched
with a material and in a manner that matches the surrounding surface of the Croix
Parcel.
6. Croix does hereby grant permission to JD Properties to mow the grass located within
the ten (10) foot strip of the Croix Parcel described in Section 1.
7. In order to perform its obligations set forth in this Agreement, JD Properties, or its
agents or contractors, shall have the right, from time to time, to enter upon the Croix
Parcel, in a manner that shall be as non - disruptive as possible to Croix's use of the
Croix Parcel. In addition, JD Properties shall indemnify and hold harmless Croix from
and against any liabilities or damages to persons or property arising from JD
Properties', or its agents' or contractors', entry onto the Croix Parcel hereunder.
Furthermore, at all times during the construction activities referred to in Sections 1 and
2 herein, JD Properties shall carry, and require all of its agents and contractors to carry,
commercial general liability insurance in amount no less than $1,000,000.00 combined
single limit. JD Properties shall provide Croix with Certificates of Insurance showing
such coverage.
8. The rights granted to JD Properties pursuant to Sections 1 and 5 shall expire one (1)
year a - the date of this Agreement.
In witness w ereo the parties hereto execute this Agreement on the date set forth above.
JD PRO ' ? ' ' S I, LLC CROIX OIL COMPANY
Ai
By: Ai& By:
Its: Its: (rer
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Exhibit A
Legal Description
All that certain real property situated in the City of Oak Park Heights, County of Washington,
State of Minnesota, described as follows:
All that part of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section
Four (4), Township Twenty -nine (29) North, of Range Twenty (20) West, described as follows:
Beginning at a point on the North line of the said Northeast Quarter of the Northwest Quarter
(NE 1/4 of NW 1/4), Two hundred thirty (230) feet West of the Northeast corner of the said
Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4); thence South on a line parallel
to the East line of the said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) Three
hundred (300) feet to a point; thence West on a line parallel to the North Line thereof One
hundred ninety (190) feet to a point; thence North on a line parallel to the East line thereof Three
hundred (300) feet to a point on the North Line of said tract; thence East along the North line
thereof One hundred ninety (190) feet to the place of beginning, subject to existing highway
easements, power line easements and restrictions of record.
Washington County, Minnesota
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Exhibit B
Legal Description
All that certain real property situated in the City of Oak Park Heights, County of Washington,
State of Minnesota, described as follows:
All that part of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section
Four (4), Township Twenty -nine (29) North, of Range Twenty (20) West, described as follows:
Beginning at the Northeast corner of the said Northeast Quarter of the Northwest Quarter (NE
1/4 of NW 1/4) of Section Four (4), thence South along the East line thereof Three hundred (300)
feet to a point; thence West on a line parallel to the North line thereof Two hundred thirty (230)
feet to a point; thence North on a line parallel to the East line thereof Three hundred (300) feet to
a point on the said North line of said tract; thence East along the North line thereof Two hundred
thirty (230) feet to the place of beginning, subject to existing highway easements, power line
easement, and restrictions of record.
EXCEPTING THEREFROM that part thereof described as follows, to -wit:
Beginning at a point on the East line of said Northeast Quarter of the Northwest Quarter (NE 1/4
of NW 1/4) where the Southerly line of existing Highway 212 intersects said East line; thence
South on East line thereof 125 feet; thence West and parallel to the North line thereof 125 feet;
thence North and parallel to the East line thereof 125 feet; thence East on the Southerly line of
existing highway 125 feet to the point of beginning.
ALSO EXCEPTING therefrom that part described as follows, to -wit:
Commencing at a point on the East line of said NE 1/4 of NW 1/4 where the Southerly line of
existing Highway 212 intersects said East line; thence South on the East line thereof 125 feet to
the point of beginning of this description; thence South 75 feet on said East line; thence West
and parallel to the North line thereof 150 feet; thence North and parallel to the East line thereof
200 feet; thence East and parallel to the South line thereof 25 feet; thence South and parallel to
the West line thereof 125 feet; thence East to the point of beginning of this description.
Washington County, Minnesota
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